What happens if the deceased person leaves no will?

What will happen to assets without a will?

If a person passes away without leaving a will, the assets under their name will be automatically passed to the other related owners according to the Intestacy Law 

Other owners can be named as:

–       Spouse if the couple has no children

–       Alive mother/father if the deceased person is unmarried and childless (50:50 for each)

–       Children if the deceased person is single mom/dad

Who has rights to administer the assets?

As a probate is not possible if a deceased person has not left a will, it is usually necessary to apply to the court for an administrator appointment who will take charge of managing the estates. The alive family members will have rights to choose who you want to be that administrator and make an application to the court:

  • Apply yourselves for estate administration:

You can refer to Supreme Court Probate Registry for details on how to make an application to administer the estate.

  • Apply a law firm, a public trustee for estate administration:

As the application process for yourself as an administrator can be complicated, you may choose and instruct us to carry out the estate administration. However, in some cases it is required to have the approval and consent from all the beneficiaries (including people who may not be family) to validate our appointment as administrator.

In both cases, you will always need assistance from solicitors, will & probate lawyers to deal with all the complexity and personal twists relating to your situations.

Property Matters during divorce or separate
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